80.37 - REIMBURSEMENT OF DEFENSE COSTS.
80.37 REIMBURSEMENT OF DEFENSE COSTS.
1. If a peace officer employed in any division of the department
is charged with the alleged commission of public offense, based on
acts or omissions within the scope of the officer's lawful duty or
authority, and the charge is dismissed or the officer is acquitted of
the charge, the presiding magistrate or judge shall enter judgment
awarding reimbursement to the officer for any costs incurred in
defending against the charge, including but not limited to a
reasonable attorney fee, if the court finds the existence of any of
the following grounds:
a. The charge was without probable cause.
b. The charge was filed for malicious purposes.
c. The charge was unwarranted in consideration of all of the
circumstances and matters of law attending the alleged offense.
2. The officer may apply for review of a failure or refusal to
rule or an adverse ruling as to the existence of any of the above
grounds. The application shall be to a district judge if the officer
is seeking review of the act of a magistrate or district associate
judge and it shall be to a different district judge if review is
sought of an act of a district judge. Section History: Recent Form
84 Acts, ch 1259, § 5; 2008 Acts, ch 1032, §201